Defendant

The appeal is dismissed.

Summary of Grounds for Appeal

At the time of committing the instant crime, the Defendant was in a state of mental disorder due to disease such as alcohol dependence.

The sentence of unfair sentencing (one year of imprisonment, two years of suspended execution) is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below on the assertion of mental disorder, it is recognized that the defendant was under the influence of alcohol at the time of the instant crime, and that the defendant was treated as alcohol dependence at the hospital before and after the instant crime.

However, in light of the overall circumstances such as the Defendant’s speech and behavior, the specific contents of the crime, and the circumstances before and after the crime, it is not recognized that the Defendant was in the state of having no ability to discern things or make decisions due to diseases such as alcohol dependence at the time of the instant crime.

This part of the defendant's assertion is without merit.

A favorable circumstance is that the Defendant made a confession of the instant crime and reflects the depth of the instant crime, and agreed with the victim.

However, the crime of this case is committed by the Defendant with excessive restriction, which is a dangerous object, on the ground that the Defendant was making a dispute with the victim by singing, etc., and assaulted the victim by taking advantage of the method of the crime and the form of the act, etc., which is significant in light of the law of the crime and the form of the act, etc., the Defendant has been punished several times by a fine by violence, etc., and has the record of being punished by the suspension of execution of imprisonment, and other various sentencing conditions, such as the Defendant’s age, character and behavior, environment, motive, means and consequence after the crime, and circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court, violent crime group, habitual repeated crime, special assault (Habitual, repeated, special assault), special mitigation factors of mitigation, and considerable damage to the Defendant or the husband and wife.